Arguing international humanitarian law standards in national courts : a spectrum of expectations
The grey zone : civilian protection between human rights and the laws of war
Oxford [etc.] : Hart, 2018
p. 231-250 : carte
Noting that international law is interrelated with international politics, both in its formation, definition and enforcement, this chapter illustrates the contradictory and often incoherent position in which national courts place themselves when applying international law, despite being formally expected to comply with the rule-of-law principle. It argues that national judges have developed nuanced approaches to deal with situations in which, although being expected to act as neutral legal actors, they have included political judgements.